All tag results for chief us district judge vaughn walker

Chief U.S. District Judge Vaughn R. Walkerrejected a request to delay his decision regarding Proposition 8 because he doesn't think backers will be able to appeal it as they won't be affected by it or be responsible for putting it into action!

And it would also be denying gay couples their constitutional right to marry each day!

He says of the gay marriage ban's backers:

"[They] point to harm resulting from a 'cloud of uncertainty' surrounding the validity of marriages performed after judgment is entered but before proponents' appeal is resolved. Proponents have not, however, argued that any of them seek to wed a same-sex spouse."

So it looks like the ban's backers can only appeal Judge Walker's decision if Governor Arnold Schwarzenegger or Attorney General Jerry Brown are on board as well.

But both of them have already refused to defend Prop 8 in court and said they didn't see any valid reason why gay couples couldn't marry now.

Judge Vaughn Walker will be ruling TODAY on whether or not same-sex couples will be able to get married in California immediately!

According to a source:

If Judge Walker lifts the stay, it is likely it will be appealed to the 9th Circuit Court of Appeals. At the 9th Circuit, it would be reviewed by a 3-person panel and their decision could be appealed to the full 9th Circuit and eventually the US Supreme Court. But because the US Supreme Court is not in session until October, the decision about lifting the stay would be appealed to the Justice in charge, which for the 9th Circuit is Justice Kennedy. We are witnessing history and it is crucial that as we continue to move through the courts, we must build support with the court of public opinion and provide a human face to this issue.

Vaughn has announced that he will make his decision by noon PST today!

We took a giant step in the right direction today, but there are those who are still standing in our way in having equal rights.

In a not so surprising but crappy move, a stay pending appeal was filed yesterday prior to Judge Vaughn R. Walker's decision today that Prop 8 is unconstitutional.

What that means is that his ruling to overturn Prop 8 cannot be filed until this appeal has been dealt with. So the good judge has granted the community a stay of court's judgment, but gay marriage will not allowed to resume immediately.

A bump in the road, but nothing we can't handle. Faith has been restored today and we know that equality will prevail!

This afternoon, a historic decision was passed down by Chief U.S. District Judge Vaughn Walker, who decreed that Prop 8 violated the Constitution's equal protection clause under the 14th Amendment and deemed it unconstitutional.

That's right! Equal rights for all!

However, the news that the ban on gay marriage would be lifted was soon followed by an appeal from opponents of the ruling. Sources say that this feud may make its way to the U.S. Supreme Court.

Chief U.S. District Judge Vaughn Walker has heard both arguments from the opposing views, and now will be determining whether or not Proposition 8, the ban placed on gay marriage in California, is actually constitutional!

Attorneys Andy Pugno and Charles Cooper are defending the legality of Proposition 8, and Pugno writes:

"Historic marriage has its roots in pairing a man to a woman and has served as the foundation of the family and society as a whole. To change the definition of marriage… would result in such a profound change to the structure and public meaning of marriage as to severely damage society, possibly beyond repair."

AKA bullshiz!

Meanwhile, former Republican Solicitor General Ted Olsen and David Boies have represented the plaintiffs, and argue that Proposition 8 is "the result of disapproval or animus against a politically unpopular group" and represents "a backlash that stripped gays and lesbians of the rights previously conferred upon them by the California Supreme Court…and violates the equal protection clause of the Fourteenth Amendment."

Exactly!

Judge Walker isn't expected to make his decision for another few weeks, but regardless of the outcome, the ruling is expected to be appealed all the way through the system until it reaches the U.S. Supreme Court!

But now, that's all about to change, at least according to TMZ! That's because a week from tomorrow -- on December 17 -- Khloé and Lamar's split will be legal, final, and FULL! And that's all she wrote!

As the final divorce docs are set to be stamped by a judge on that day just over a week from right now, the final terms are pretty standard and straightforward, too: